Loading...
HomeMy WebLinkAboutZBA-05/01/1996 APPEALS BOARD MEMBERS o - Southold Town Hall Gerard P. Goehringer, Chairman coo 53095 Main Road 2 ni Serge Doyen, Jr. y �� P.O. Box 1179 James Dinizio,Jr. �01 �0o Southold,New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY, MAY 1, 1996 7:00 - 7:30 p.m. Informal work session and review of pending files. No action was taken during this time.. 7:30 p.m. A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 1, 1996 commencing -it 7:30 p.m. Present were: Gerard P. Goeliringer, Chairman James Dinizio, Jr. , Member Robert A. Villa, Member Lydia A. Tortora, Member. Linda Kowalski, Board Assistant Absent, as agreed by Department, was: Serge J. Doyen, Member from Fishers Island (due to family bereavement) . I. Under NYS Environmental Quality Review Act all filed involving residential uses, accessory buildings, residential additions, setbacks, waivers under 100-26 pertaining to substandard lots as exist, and lot line changes, were confirmed to be Type II actions under. the State SEQRA list regarding tonight's applications. No further procedure under SEQRA was required. II. PUBLIC HEARINGS: , The Chairman read the legal notice and application for each of the following applications at the beginning or each hearing at the times identified below: 7:35 - 7:43 p.m. Appl. #4374 - FRANK AND LOUISE PALUMBO. This is an application under the Southold Town Zoning Code, Article XXIV, Section 100-244 as amended 11-28-95 (which removed former subsection C thereof pertaining to former code setbacks for former subdivisions) , for a. variance based upon the issuance of the Building Itlspector's March. 22, 1996 Notice of Disapproval to construct a new dwelling with insufficient side yard setbacks. Location of Page 2 - Minutes & Resolutions Regular Meeting - May 1, 1996 Southold Town Board of Appeals Property: 3200 Sound Drive, Eastern Shores Subdivision Lot #108, Greenport, NY; County Tax Map Parcel No. 1000-33-1-7. The requirements are for total side yards of 15 and 20 feet, or greater, and with a total of 35 feet on this 27,400 sf. parcel. Patricia Moore appeared as attorney for Mr. and Mrs. Palumbo, who were also present in the audience. (See verbatim transcript of statements made during the time of this public hearing attached hereto for reference purposes. ) Following the hearing, the board took the following action to approve the applicants' request. (Continued on next page) Page 3 - Minutes & Resolutions Regular Meeting - May 1 , 1996 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4374. Upon Application of FRANK and LOUISE O. PALUMBO. This is an application under the Southold Town Zoning Code Article XXIV, Section 100-244 as amended 11-28-95 (which removed former subsection C thereof pertaining to former code setbacks for former subdivisions) , for a variance based upon the issuance of the Building Inspector's March 22, 1996 Notice of Disapproval to construct a new dwelling with insufficient side yard setbacks. Location of Property: 3200 Sound Drive, Eastern Shores Subdivision Lot #108, Greenport, NY; County Tax Map Parcel No. 1000-33-1-7. The requirements are for total side yards of 15 and 20, or greater, and with a total of 35 feet on this 27,400 sf.. parcel. WHEREAS, a public hearing was held on May 1, 1996 at which time all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF DISAPPROVAL. This is an application based upon the March 22, 1996 Notice of Disapproval from the Building Inspector, the grounds for which disapproval was issued reads: . . .proposed construction (one-family dwelling) is on a nonconforming lot located in an R-40 Zone. Under Article XXIV, Section 100-244, proposed construction will have insufficient side yard setbacks. . . . 2. CODE AS AMENDED. Article XXIV, Section 100-244B was amended November 28, 1995 by Local Law No. 23-1995 by the Southold Town Board. The side yard requirements of this current law provide for not less than 15 ft. and 20 ft, each side, for a total side yard area of not less than 35 ft. This is based on a lot between the size Page 4 - Appl. No. 4374 Matter of FRANK and LOUISE PALUMBO Decision Rendered May 1, 1996 of 20,000 sf and 39,999 sf. The subject parcel is shown on the December 12, 1995 amended survey to be 27,400 sf. 3. PROPERTY DATA. The premises in question is presently owned by the applicants (recent purchase date 10/18/95) . The property has always been vacant land, and is shown on the Map of Eastern Shores Section IV as Subdivision Lot #108. The width of this parcel is 100 feet along Sound Drive and a current depth of 275.0 feet to the ordinary high water. mark (see amended surveys of March 21, 1996 and December 12, 1995) . (A former survey dated August 16, 1995 from the 1.995 variance file record shows a different depth and larger lot size of 29,116 sf. The difference is noted only for informational purposes and does not affect the side yard distances from the information furnished by applicants. ) The total lot area, including the area below the bluff down to the highwater mark, is currently shown 'at 27,400 sf. on the March 21, 1996 survey submitted under this application. 4. PROPOSAL. This application is a request to locate a new dwelling with side yards at 17.5 feet from the easterly side, and at 13.5 feet from the westerly side property line at its closest point. 5. PRIOR APPEAL FOR VARIANCE. Under dated of September 13, 1995, the Board of Appeals conditionally granted alternative relief pertaining to the reduction in the setback from the top of the bluff along the Long Island Sound, to be not closer than 60 ft. from all points (corners) of the dwelling. An engineering report was submitted indicated that excavation beyond the 50 ft. bluff to the south would have no detrimental effect on the existing bank. It was agreed by the landowners to restrict the area north of the house to remain open without buildings or swimmingpool structure. It was also agreed that grading for new landscaped areas must be done to keep surface water runoff directed toward the south, and that there would be no exca- vation within 50 feet of the top of the bluff line. 6. OTHER TOWN AGENCY JURISDICTION/REVIEW. Town record shows a copy of the written authorization issued by the N.Y.S. Department of Environmental Conservation dated August 30, 1995 ref. 1-4738-01175/00001-0 with precautions noted therein. The variance, as alternatively granted, is subject to the same precautions with the alternative setback, noted in this determination. The Board of Southold Town Trustees by its letter of August 25, 1995 has determined the project is not within their jurisdiction. 7. EFFECTS OF RELIEF REQUESTED. It is the position of this Board that in considering the relief requested that: (a) at the time of submission of the building permit application approximately six months after the former variance (after Page 5, - Appl. No. 4374 Matter of FRANK and LOUISE PALUMBO Decision Rendered May 1, 1996 conveyance to the applicants, and after attempts were made to obtain a revised house plan) a new law became effective, unfavorable to the present construction plan and side yard layout. (b) applicants actively pursued all applications and has tried to comply with every requirement during all agency procedures. (c) the essential character of the neighborhood will not be altered since the natural characteristics of the site and surrounding area are favorable, and the side yard setbacks will be generally similar to those existing in the area; (d) the benefit sought to be achieved by the appellants cannot be achieved reasonably and without great expense, other than a variance under the zoning regulations; (e) the grant of relief claimed will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood since the applicants have agreed to restrict the area 50 feet between the house and the bluff from any excavation or adverse activities which would affect the land area and stability of the bluff; (f) the relief requested is not substantial when compared to those established in the area; (g) the relief requested is not self-created; (h) as part of the "balancing concept;" the Board finds and determines that the character of the neighborhood will continue to be preserve, and the health, safety and welfare of the community will not be adversely affected. NOW, THEREFORE, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the side yards as requested at 17.5 feet (east side) and 13.5 feet (west) side as applied and shown on the March 21, 1996 amended survey map. Vote of the Board: Ayes: Messrs. Dinizio, Villa, Tortora, and Goehringer. This resolution was duly adopted (4-0) . Member Doyen was absent. lk Page 6- Minutes & Resolutions Regular Meeting - May 1, 1996 Southold Town Board of Appeals POSTPONEMENT REQUESTED BY APPLICANTS: 7:43 p.m. Appl. #4375 - BRUNO AND FELICE SEMON. This is an application for a variance under Article XXIV, Section 100-244B of the Southold Town Zoning Code, based upon the issuance of the Building Inspector's Notice of Disapproval dated March 22, 1996 regarding a permit to construct addition to existing dwelling with insufficient front yard setbacks. The present code requires 40 ft. for both front yards. Location of Property: 3665 Parkview Lane, Orient, NY; County Tax Map Parcel No. 1000-15-1-35. Green Acres Subdivision Lot #7 - 22,0000+- sf.. The applicants have requested a recess until further notice by them, for the reason that they are in the processing of buying another house, and trying to sell this home possibly at the same time. Mr. and Mrs. Semon will keep in touch monthly and don't expect anything further until (maybe July or August. On motion by Chairman Goehringer, seconded by Member Villa, it was RESOLVED, to RECESS Appeal No. 4375 without a new date, as requested by the applicants. Vote of the Board: Ayes: All four. (Member Doyen was absent. ) This resolution was unanimously adopted. PUBLIC HEARINGS, continued: 7:45 p.m. Appl. #4378 - JOSEPH CORRETTI. This is an application for a variance under the Southold Town Zoning Code, Article XXIV, Section 100-244B for permission to reduce front and rear yard setbacks for a new dwelling on which was deemed to have more than one front yard. The code requires a 40 ft. front, 50 ft. rear, and 15 and 20 side yard setbacks on this 21,200+- sf parcel located at 2285 Westview Drive, Mattituck, NY; County Tax Map Parcel No. 1000-107-7-1.1. Mrs. Corretti spoke in behalf of their application and gave photos for viewing by board members. At the end of the hearing, the following action was taken to approve this application: (continued on next page) Page 7 - Minutes & Resolutions Regular Meeting - May 1 , 1996 Southold Town Board of Appeals DECISION/DELIBERATIONS : ACTION OF THE BOARD OF APPEALS DATE OF ACTION: May 1, 1996 APPL. #4378. APPLICANT: JOSEPH CORRETTI LOCATION OF PROPERTY: 2285 West View Drive, Mattituck. COUNTY TAX MAP DISTRICT 1000, SECTION 107, BLOCK 7, LOT 1.1. BASIS OF APPEAL: Building Inspector action dated March 22, 1996 concerning construction of a dwelling with proposed insufficient front and rear yard setbacks" Article XXIV, Section 100-244B. RELIEF REQUESTED: Building Inspector has determined this parcel fronts along three streets or access ways under the definition of "front yard" under the Zoning Code. The remaining yard is a side yard proposed at 15 ft. Applicants request setbacks at variables from 50 ft. , 25 ft. and 70 ft. from The Anchorage Way (north), Woodcliff Drive (east), and Westview Drive (south), respectively. MOTION MADE BY: Member Tortora SECONDED BY: Chairman Goehringer ACTION/RESOLUTION ADOPTED: Granted setbacks as requested and shown on sketch submitted with this application. REASONS/FINDINGS: Property technically consists of three front yards and one side yard, with double corners. An only alternative would be to "turn" the house facing east, however, this would leave an odd "side yard" rather than a usable rear of the 'dwelling. The dwelling as located is in general keeping of area houses off Westview Drive and will not set a precedent for other such reductions. The variance is minimal, is not unreasonable and will continue to preserve and protect the character of the neighborhood and the health, safety and welfare of the community. VOTE OF THE BOARD: Ayes: James Dinizio Jr. , Robert A. Villa, Lydia A. Tortora, and Gerard P. Goehringer. (Member Doyen was absent (due to loss of an immediate family member). This resolution was unanimously adopted (4-0). Page 8 - Minutes & Resolutions Regular Meeting - May 1, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 7:55 p.m. Appl. #4377 - DANIELE DUPUIS. This is an application requesting a Waiver under Section 100-26 of the Zoning Ordinance based upon the Building Inspector's March 21, 1996 Notice of Disapproval, in which applicant was denied a building permit to construct a one-family dwelling. Under Article II, Section 100-25A enacted 1/1/96, the subject lot is substandard in size and has been held in common ownership with an adjoining lot, 1000-137-1-14, referred to as M.S. Hand Combined Lots #103 and #104 (improved with a single-family dwelling) . Applicant alternatively will provide a more equal lot size by enlarging the dwelling lot (adding M.S. Hand Lot #105 to the above-noted lot now consisting of 4104 and #103. ) The subject property for which a waiver is requested is identified as County Tax Map Parcel No. 1000-137-1-15, located along Stillwater Avenue, Cutchogue, NY; also referred to as M.S. Hand Combined Lot Nos. 105, 106, 107, 108. Zone District: R-40 Residential. The Chairman opened the hearing, at which Mrs. DuPuis was present with her husband, as well as the opposing neighbors, Mr. and Mrs. Carl Vail. After discussing the request for a postponement by the Vails to obtain outside counsel, a postponement was agreed. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to recess the hearing with a reconvening date of May 29, 1996. Vote of the Board: Ayes: All. This resolution was unanimously adopted (4-0) . 8:03 p.m. Appl. #4376 - SCOTT A. RUSSELL & ANO. This is an application requesting a Waiver under Section 100-26 of the Zoning Ordinance, based upon the Building Inspector's March 14, 1996 Notice of Disapproval, in which applicant was denied a building permit to construct a one-family dwelling. Under Article II, Section 100-25A enacted 1/1/96, the subject lot 1000-136-1-19 is substandard in size, is referred to as Eugene Heights Lots 78 & 79 fronting along Oak Street, and has been held in common ownership after 1983 with an adjoining lot, 1000-136-1-29, referred to as Eugene Heights Lots #111 and #112 fronting along Harbor Lane, at Cutchogue, NY. The total combined lot area is less than 40,000 sf and less than 150' lot width. Zone District: R-40. Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to recess the hearing with a reconvening date of May 29, 1996. Vote of the Board: Ayes: All. This resolution was unanimously adopted. 8:05 p.m. Appl. #4373 - Richard F. Lark, Esq. attorney for RONALD J. MAYER. This is an application for a variance based upon the Building Inspector's March 19, 1996 Notice of Disapproval issued under Article IIIA, Section 100-30A.2 whereby applicant applied for a building permit for permission to convert existing Page g - Minutes & Resolutions Regular Meeting - May 1, 1996 Southold Town Board of Appeals Re: Mayer, continued: separate building for one-family dwelling occupancy, and/or to create a separate parcel containing less than the required lot area, width and depth in this R-40 Zone District. Building permit #12554Z issued 8/27/83 indicates the building inspector granted permission "to construct two-story non-habitable accessory building." Location of Property: 7735 Main Road, East Marion, County Tax Map Parcel 1000-31-2-26, a corner lot, containing a total area. as exists of 25,210 square feet. Additionally, the building as exists will not conform to yard setbacks for a principal dwelling and additional variances are necessary for approval as a principal dwelling conversion. Richard F. Lark as attorney appeared with Mr. Mayer. After discussions during the hearing (see verbatim transcript prepared separately) , the Chairman made a motion closing the hearing, pending receipt of the copies of financial and other documentation as discussed and requested by the Board Members, and agreed by Mr. Lark, during tonight's hearing. The motion was seconded by Member Tortora, and duly carried. Ayes: All. This resolution was unanimously adopted (4-0) . End of public hearings. Meeting remained open to the public until the end. IV. DELIBERATIONS/DECISION carryover from April 3, 1996: Appl. No. 4369 - JESSE and SHELLEY REECE, Contract Vendees/ ROSE MARY SCHARBENBROICH, Seller. This is an application for a variance based upon the Building Inspector's February 9, 1996 Notice of Disapproval issued under Article III, Sections 100-31A and 100-31 C(2-b) in which applied has applied for a building permit to alter an existing accessory "shed" building (instead of principal dwelling) for occupancy as an artist studio wherein glass works of art will be produced. Location of Property: 800 Halyoake Avenue, Orient, NY; County Tax Map Parcel No. 1000-27-2-2.9, containing 5.02 acres in an R-80 Residential Zone District. Continued on next page. No action was taken except to confirm that the record was closed (sealed) as of April 29 , 1996 , and deliberations will commence . A determination is expected at the May 29 , 1996 Regular Meeting . Page 1.R- Minutes & Resolutions Regular Meeting - May 1, 1996 Southold Town Board of Appeals V. Other Resolutions or Updates: A. Updates for Board Members - Committee Work Sessions None added to weekly calendar as of today. Also meeting time has not as yet been changed by P & Z as requested for scheduling after 6 p.m. for attendance by ZBA Members, instead of mid-afternoon) . B. Resolution authorizing and directing advertisement of new applications filed before 5/9 which are deemed complete by office and which are setback or accessory building applications (Type II under SEQRA) . C. Review and Update by Board Members regarding application for variance regarding vacant R-80 zoned parcel: Wronowski for Cross Sound Ferry Services, Inc. Board Members confirmed application is incomplete and not ready for a public hearing for the following reasons: 1) applicant has not filed maps requested by town agencies for coordination under SEQRA and full reviews under town procedures. 2) Applicant Cross Sound Ferry met with Planning Board Members at a preliminary review conference as per Section 100-254A of the Zoning Code, to discuss proposed uses and development plan elements, and to determine conformity or other areas lacking detail or information. Cross Sound Ferry will be submitting one proposed plan, instead of four plans left undecided, about June 17, 1996. Next step: Applicant returns to Planning Board Members for a "preliminary conference" on the newest primary map, and then files additional information and nine (9) prints of the proposed (primary) map" with ZBA, for further processing and commencement of SEQRA lead agency coordination. Said preliminary conference expected to take place within 30 calendar days (ref. 100-254) from written request therefor by applicant, for discussion on conformity and general development layout. 3) With regard to lead agency preference, the Board Members agreed to allow the Planning Board designate "lead agency status" at the proper time, and to include the ZBA as an "involved agency" in the SEQRA process. The Planning Board is the major reviewer for the entire project which includes several parcels, while the ZBA has jurisdiction only on the easterly R-80 parcel at this time. D. General Special Exception reviews. Discussion on the most recent changes in New York Town Law regarding allowance for direct SE review and filing with ZBA without need for action by Building Inspector. Same rules to follow as presently exist, in that Board Secretary will review application and may request assistance of Page 11- Minutes & Resolutions Regular Meeting - May 1, 1996 Southold Town Board of Appeals Members Tortora and Villa when use of Special Exception ' is questionnable or on its face unclear. (Special Exceptions do not require a Notice of Disapproval from the Building Inspector.) Town Law amendment copies were distributed to each Board Members for their update and future use. E. Outdoor display - proposed Local Law change. Member Dinizio briefly discussed as a result of the 4/11/96 code committee session. No changes or other suggestions were offered by anyone on this proposed Local Law. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 10:05 p.m. Respectfully submitted, Linda Kowalski 6/14/96 Confidential Assistant Board of Appeals Gerard P. Goehringer Approved for Filing RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 1q)1).l 9 I4OUR Town Clerk, Town of Southold